ambassador rice has been embroid l briomd in controversy over the terrorist attacks in benghazi. she told nbc that is why she is stepping aside. >> i didn't want to see a confirmation process that was very prolonged, very politicized and very distracting. >> other openings, secretary of defense. kerry's name was floated for the job but chuck hagel who became the critic of the iraq war has the edge. john brennan and mike morale are considered the top contenders. president obama has accepted her decision and meeting with her in private. >> eric: new this morning, a federal court will hear barry bonds will hear his obstruction of justice conviction. they have set oral arguments for february 13th. last year a jury convicted bonds of one felony obstruction count for giving an evasive answer when he was asked whether he received drugs that required a syringe. bonds lawyers argue the answer was accurate and was not meant to obstruct justice. >> the city of san francisco is asking to dismiss a lawsuit challenging the nudity ban. four people challenged the law last month. they have filed